The DUI Court Process in CA
Protecting Your Rights in Bakersfield
There are two separate paths to your DUI charge. There is the actual criminal
case and the DMV hearing regarding your license suspension or revocation.
The DUI charge begins with your arrest. Law enforcement must observe erratic
driving, speeding or some traffic violation that gives them "probable
cause" before they can pull you over to discover whether you were
driving under the influence of drugs or alcohol. You will be pulled over
so that certain tests can be administered, sometimes including field sobriety
tests as well as a blood alcohol concentration test (BAC), which may be
breath test or a blood test. You can refuse to do the field sobriety tests and any onsite breath test,
but if you refuse the "evidentiary" BAC test, you could have an
automatic license suspension of one year. If the law enforcement officer thinks he has probable cause to believe
you were over the legal limit of .08% or under the influence of alcohol
or drugs, you will be arrested and charged with DUI. You will be processed
and either released on your own recognizance or put in jail until a judge
DMV hearing must be scheduled
within 10 days of your arrest. If it is not requested, you will automatically have your license suspended,
even if your license is from a different state. Your attorney can schedule
and represent you at this hearing, and can fight with certain evidence
to waive the suspension or revocation of your driver's license.
Representation During the Entire Process
The next step is the arraignment, which is the hearing where you are formally
charged and can enter a plea. At this time a bail will be set. It is strongly
advised that you have an attorney assist you at your arraignment. If a
bail amount is set, the attorney can possibly help you to have it reduced
or to be released on your own recognizance. In most cases, your will
never need to even appear in court!
If you have entered a plea of "not guilty", the defense now begins.
All aspects of your case must be reviewed. Did you know that breathalyzer tests are
notorious for incorrectly registering the BAC level? Did you know that even the state recognizes that Field Sobriety Tests are
extremely unreliable? These are aspects that must be reviewed as well as the "probable
cause" aspect of your case.
Any possible court challenges must be prepared by your attorney. At The
Law Offices of Middlebrook & Brehmer, the attorneys are very experienced
in all aspects of
DUI defense and will fight aggressively in every possible area to defend you. If a
trial becomes necessary, our seasoned trial lawyers will go the distance
in your case to ensure that your rights and future are safeguarded.
Contact a Bakersfield DUI Attorney
from The Law Offices of Middlebrook & Brehmer to defend you in any